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Clay, NY Property Maintenance: Vacant Lot Maintenance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcing agency
Code Enforcement Officer; Commissioner of Planning and Development
Max fine
$750 plus up to 15 days jail
Notice-to-comply period
10 days (15 days if posted)
Town cleanup cost
Becomes a lien added to property taxes
Repeat violations
Each week counts as a separate offense

Summary

In the Town of Clay, owners of any real property, including vacant and unimproved lots, cannot permit, maintain, deposit or scatter rubbish over the premises under Town of Clay Code § 78-3.A. The Code Enforcement Officer serves a written notice to remedy, and the Town can clean the lot itself and bill the owner through a property tax lien.

§ 78-3. Duty of owner. ... A. It shall be a violation of this chapter for the owner of any real property in the Town of Clay to permit, maintain, deposit or scatter rubbish over any premises. ... § 78- ... ... 7. Penalties for offenses. ... A violation of ... this chapter is hereby declared to be an offense, ... punishable by a fine not exceeding $750 or imprisonment for a period not to exceed 15 days, or both. Such violation shall not be a crime and the penalty or punishment imposed shall not be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any liability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Each week's continued violation shall constitute a separate additional violation for which no further notice of any kind needs to be filed.

Full Breakdown

Chapter 78, Brush, Grass, Rubbish and Weeds, applies to every owner of real property in the Town of Clay, so an empty or unimproved lot is covered the same as a built lot. Section 78-3.A makes it a violation to permit, maintain, deposit or scatter rubbish over any premises; the chapter's definitions sweep in lumber, junk, debris, abandoned appliances, tires, unsanitary compost and uncontained solid waste, though bagged material stored per Chapter 194's container rules is excluded. When the Code Enforcement Officer finds a violation under Section 78-5, the Officer serves a written notice and order to remedy on the owner personally, by certified and regular mail to the owner's last known address, or by posting the notice on the property.

If the owner does not comply within 10 days of personal or mailed service, or within 15 days of posted service, Section 78-6 lets the Commissioner of Planning and Development send Town crews to cut and haul the rubbish. Every dollar the Town spends, including legal fees and an administrative fee set under Chapter 105, becomes a lien on the property, gets added to the next tax bill, and draws interest and collection at the same rate as unpaid taxes. Separately, Section 78-7 makes any violation of the chapter punishable by up to a $750 fine or 15 days in jail, or both, and treats each week the violation continues as its own separate offense, so repeat inaction on a weedy or rubbish-strewn vacant lot can multiply the exposure fast.

Violations & Fines

Ignoring a Section 78-5 notice to remedy exposes the owner to Town cleanup under Section 78-6, with the bill, administrative fee and legal costs added as a tax lien collected the same way as property taxes. Section 78-7 separately makes noncompliance an offense punishable by a fine up to $750, up to 15 days in jail, or both, with each week of continued violation counted as a new offense.

Frequently Asked Questions

Does Clay's rubbish rule apply to vacant, unimproved lots?
Yes. Town of Clay Code § 78-3.A applies to the owner of any real property in the Town of Clay, not just occupied homes, so a vacant or unimproved lot is covered the same as a built lot. The chapter defines rubbish broadly to include lumber, debris, abandoned appliances, tires and unsanitary compost piles left on the land.
What happens if I ignore the Town's notice to clean up my lot?
Under § 78-6, if you do not comply within 10 days of a mailed or personal notice, or 15 days if the notice was posted on the property, the Commissioner of Planning and Development can send crews to remove the rubbish and bill you. That bill becomes a lien on the property and rides on your next tax bill.
How much can the Town fine a property owner under Chapter 78?
Section 78-7 sets a maximum fine of $750, imprisonment of up to 15 days, or both, for a violation of the chapter. It is not a criminal penalty, but each week the violation continues counts as a separate offense, so a long-neglected lot can accumulate multiple violations.

Sources & Official References

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